Protection of witnesses and whistleblowers

Protection of witnesses and whistleblowers

Report safely | Protection of witnesses and whistleblowers in Saudi Arabia The Kingdom of Saudi Arabia is keen to protect citizens and residents on its territory and take the necessary measures to confront and reduce crimes, so the competent authorities cooperate in the process of detecting crimes and protecting witnesses and whistleblowers in accordance with the controls and conditions specified by the system for the protection of whistleblowers, witnesses, experts and victims, and the system also stipulates strict penalties for those who obstruct the protection process.

What is a witness protection system?

The whistleblower, witness, expert and victim protection system is responsible for providing the necessary protection to protected persons, their families and relatives.

The system aims to encourage reporting violations and uncover crimes while maintaining the confidentiality of the whistleblower, enhancing the principle of transparency, and combating corruption within the Kingdom.

Who is covered by protection?

The witness and whistleblower protection system provides protection to the whistleblower, witness, expert and victim in the following cases:

• If the person submits a request for protection, stating the reasons.
• If the competent authorities make a recommendation to provide protection to a specific person based on information received from them and stating convincing reasons.

How are witnesses protected?

The protection request is submitted to the Witness Protection Program Administration in Saudi Arabia, where the request is evaluated according to specific criteria:

• The extent to which a person is suitable for protection in terms of his criminal history and psychological evaluation.
• The nature of the danger threatening the person seeking protection.
• The ability of the person and his family to adapt to the protection program prescribed for him.
• Availability of alternative solutions to protect the person outside the program.
• Any factors seen by program management.

What types of protection are provided in the witness protection program in Saudi Arabia?

Types of protection provided in the witness protection program in Saudi Arabia

The program administration approves the request to protect whistleblowers, witnesses, and the like, and determines the appropriate protection procedures for them and their duration, within three days from the date of submitting the request.

A person enjoys all or some of the types of protection prescribed for him, which are:

• Security protection.
• Hide his personal information.
• Transferring him from his workplace temporarily or permanently in coordination with the employer.
• Help him get alternative work if he leaves work.
• Providing psychological and social support and necessary legal advice.
• Give him special means of communication to report any danger that threatens him immediately.
• Change his phone numbers.
• Changing his place of residence permanently or temporarily, whether inside or outside the city.
• Providing security guards to supervise his safe movement.
• Coordinating with the relevant authorities when providing information about the crime, such as changing his voice and concealing facial features.
• Provide financial support when needed.
• What type of protection does the program management decide.

What are the obligations of those covered by protection under the witness and whistleblower protection system?

The person covered by protection is bound by the obligations stipulated in Article 11 of the Witness and Notifier Protection System, which are:

• Adhere to specific protection instructions and procedures.
• Providing information or evidence to the investigating authority or court regarding the crime under protection.
• Cooperating with security authorities and implementing requests submitted by them.
• Refrain from activities that may harm him or the security administration.

What measures does the court take to protect witnesses and whistleblowers during the course of the case?

• Prohibiting the viewing of protected persons, whether witnesses or experts, while they are in court.
• Use audio and video change technology.
• Hear their statements and discuss them in isolation from the accused and his lawyer.
• Using technical means to broadcast their statements remotely.
• The accused or his lawyer shall be informed of the content of the testimony or report without revealing the identity of the person who gave it.
• Hide their names from the judgment instrument.
• The protection program management is contacted to take the necessary measures.

What are the penalties for violating the provisions of the Witness and Notifier Protection System?

Penalties for violating the provisions of the Witness and Notifier Protection System

The Witness and Notifier Protection System stipulates strict penalties for those who violate the provisions of the system, which are as follows:

• Anyone who intentionally discloses information that harms the person covered by protection shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding 200,000 Saudi riyals, or with one of the two penalties.
• Anyone who uses violence and force against those covered by protection when revealing information related to the crime or preventing them from providing it shall be punished with imprisonment for a period not exceeding 3 years and a fine not exceeding 500,000 Saudi riyals, or with one of the two penalties.
• Anyone who threatens, blackmails, or bribes witnesses or the like in order to refrain from providing information about or uncovering the crime shall be punished with imprisonment for a period not exceeding two years and a fine not exceeding 300,000 Saudi riyals, or with one of these two penalties.
• Anyone who obstructs or refrains from providing protection to the person covered by it shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding 200,000 Saudi riyals, or with one of these two penalties.
• An establishment that violates the provisions of the system shall be punished by a fine not exceeding 5 million Saudi riyals or by being deprived of contracting with government agencies for a period not exceeding 5 years, or both.

When do witness protection procedures end in the Saudi system?

Protection ends with a written and reasoned decision by the administration of the Witness Protection Program in Saudi Arabia, and the person covered by protection must be informed of the decision 15 days before its effective date.

Protection may be terminated in the following cases:

• If the protected person submits a written letter stating that he does not wish protection to continue on him.
• Failure to comply with protection instructions.
• If he intentionally provides incorrect information to the program administration.
• His refusal to cooperate with the competent authorities, whether the prosecution, the court, etc.

What is the whistleblower protection number?

The whistleblower can submit a report by contacting the Oversight and Anti-Corruption Authority “Integrity” via the number 980.

This service makes it possible to report administrative or financial corruption with complete confidentiality, and the whistleblower is protected and his identity is not revealed.

A lawyer specializing in criminal cases from Abdul Majeed Al Rashid Law Firm and Legal Consultations, providing legal services from the reporting and summons, arrest, trial, and conviction stages.

A lawyer from the office of Attorney Abdul Majeed Al Rashid studies and analyzes the case, drafts legal memoranda and defenses, represents the client before the police and the Public Prosecution, and attends sessions before criminal courts.